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Today we talk about the law on maintenance which is a cause for concern for so many custodians who are taking care of children. Many a times the perception about the law on maintenance is that it is meant to promote and protect women at the expense of the men. This is not a true reflection of the Maintenance Law.

According to the law, maintenance is reciprocal and both parents have a duty to maintain their children but by and large women utilise the law more as compared to their male counterparts.

This could be because of reluctance on the part of men to claim maintenance or because women are the ones who end up with custody of the children in most cases.

Maintenance is monetary or material assistance given to the family by the breadwinner.

For example, it could be a father or mother maintaining their children, a husband or wife maintaining each other or those maintaining their adopted children.

Maintenance that is paid towards a child’s upkeep by a parent or any other benefactor assists the party that is staying with the child in easing their financial burden thereby enhancing their financial security.

Women usually bear the brunt when they separate with their husbands as they are burdened with taking care of the children as well as financially providing for them.

This often gives rise to financial insecurity as they struggle to meet all child care associated demands.

Maintenance eases that burden and ensures that they are capacitated to meet most of the financial demands that accrue as a result of taking care of the children.

Maintenance is paid to children who are below 18 years.

If the child is not yet self-sufficient but is above 18 he or she can claim maintenance in their personal capacity.

It is claimed through the Magistrates Court, High Court and at times the Chief’s Court.

As evidence to the court to support a claim, one must produce Respondent’s payslip, medical cards, school fees invoice, state other business engagements or sources of income.

The minor child’s birth certificate is not a legal requirement.

In the event of a contestation, it is the respondent who is supposed to prove that the child is not theirs through paternity tests and if results are negative, the Applicant has to refund the money that would have been paid by the Respondent towards the upkeep of the said child.

The Applicant has to have a bank account in order to claim maintenance.

In the event of the Applicant having been granted an order for maintenance and the Respondent is not paying the maintenance, an application for a garnishee order can be made so that the maintenance amount is deducted from the Respondent’s salary.

If the party who is supposed to pay maintenance defaults, they can be arrested.

In situations where the circumstances have changed, for example, where the expenses have increased or income has reduced, the maintenance can be varied upward or downward by the courts through an application by either party.

At times an application for lump some maintenance can be made in such circumstances where the person responsible for maintaining is retiring from employment and is due to receive lump some benefits.

Maintenance claims are served by the police or the Messenger of Court and it is crucial for the person making the application to have an accurate address for service.

After the service, the police or the Messenger of Court provides a return of service to prove that service has been effected.

If a party does not attend the hearing on the court date then a default judgement is obtained against that person.

• Written By: Fiso Ncube, Legal Assistant. For feedback, questions and comments please feel free to email [email protected] or to send a WhatsApp message on 0777 828 201 and we will definitely address them. Look out for the next article in this column next week and the Kwayedza every Thursday. Let’s discuss the law. For a 24 hour response to Gender Based Violence Issues, call our toll free number 08080131: hotlines 0776736873 /0782900900